Annie G. Berthiaume

The applicant filed an Application alleging discrimination in employment based on place of origin and reprisal.

In an earlier interim decision, the Tribunal requested submissions on its jurisdiction, as the corporate respondent appeared to be federally regulated.

The respondents confirmed the corporate respondent is provincially-regulated and did not contest jurisdiction.

The Tribunal concluded it has jurisdiction over the Application.

The applicant filed an application alleging discrimination in employment based on place of origin and reprisal.

The Tribunal issued a Notice of Intent to Defer due to an ongoing Employment Standards Act (ESA) matter.

The respondents requested deferral pending the appeal period of the ESA officer's decision.

The applicant confirmed she had not appealed the ESA decision.

The Tribunal found no basis to defer the application.

The Tribunal also directed the parties to provide written submissions regarding its jurisdiction, as the corporate respondent appeared to be a federally regulated business.

The applicants sought judicial review of the Minister's decision to close the Collège des Grands Lacs, a francophone college.

The Divisional Court dismissed the application primarily due to the applicants' undue delay of 29 months in perfecting the application, which caused significant prejudice.

In the alternative, the court found that the Minister did not breach the unwritten constitutional principle of protection of minorities, as the college was failing and alternative francophone education was arranged.

The court also held that the Minister had the statutory authority to close the college and the decision was not patently unreasonable.